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son, Superintendent aforesaid, do by this instrument in pursuance and exercise of the power so delegated to me, appoint—

EDWARD CROKER, Esquire,
WILLIAM BALDWIN, Esquire,
CHARLES WORTHINGTON, Esquire and
JACKSON KEDDLE, Esquire,

to be Wardens and Judges of the said Wardens Court, with power to them, and each of them, to act alone or with Assessors or Juries and in such manner, and to exercise all or any of the powers in the Gold Fields Act, 1858, mentioned as the Governor shall think fit to direct, but declaring that such appointments shall be deemed to be provisional only until the same shall have been confirmed and allowed by the Governor, and that the Governor shall have power to disallow the same.

Given under my hand at Dunedin and issued under the Public Seal of the said Province, the (L.S.) thirteenth day of October, one thousand eight hundred and sixty-two.

J. L. C. RICHARDSON.

ORDER IN COUNCIL,
FIXING WARDENS COURTS’ RULES FOR THE PROVINCE OF OTAGO.

At the Government House at Wellington, the sixth day of October, 1862.

G. GREY, Governor.

Present—His Excellency the Governor in Council.

WHEREAS, by the Gold Fields Act, 1858, 1860, it is enacted that it shall be lawful for the Governor in Council, from time to time, to make, alter, and revoke Rules regulating the Procedure and Practice in the Courts to be established under the said Act, and in cases of Appeal therefrom, and also to fix the Fees to be taken in respect of proceedings therein.

Now, therefore, his Excellency the Governor, by and with the advice and consent of his Executive Council, Doth hereby Order that the Rules and Fees respectively set forth in the Schedule hereunto annexed shall be the Rules regulating the Procedure and Practice in the Wardens Courts within the Province of Otago, and in cases of Appeal therefrom, and shall be the Fees to be taken in respect to proceedings therein.

WILLIAM SEED,
For the Clerk of the Executive Council.

WARDENS’ COURT.

RULES.

ANALYSIS.

Secs.

1. Schedule of Forms and Scale of Fees to be part of the Rules
2. Interpretation of words in Rules
3. Time and place of holding Courts. Adjournments
4. The Clerk of Court
5. Clerk’s Deputy
6. Clerk’s Duties
7. The Bailiff
8. His duties
9. Parties may appear personally or by Solicitor
10. Officers of Court not to practice in the Court
11. Action to be commenced by a Complaint and Summons
12. Names, &c., of parties to be set forth in Complaint and Summons
13. Grounds of action to be briefly set forth in Complaint and Summons
14. Summons may be issued in certain cases against a party out of Jurisdiction
15. Service of Summons
16. Service to be made by the Bailiff or other person authorised
17. Summons of Witnesses
18. Parties to be heard in open Court. Adjournment of hearing
19. Procedure if Complainant do not appear
20. Procedure if Defendant do not appear
21. Re-hearing
22. Procedure if both parties appear
23. View
24. The Judge to be the sole Judge, except in cases where Assessors or Jurors are appointed
25. The Assessors or Jurors to consist of four persons of full age.
26. Summons to Assessors or Jurors
27. Assessors or Jury List how to be made, and Jury chosen
28. Number to be summoned
29. Mode of service of Summons
30. Jury to be reduced to four by challenge
31. Jury to be sworn
32. Payment to Jurors
33. Procedure if either party refuse to challenge Jury
34. The Evidence on the trial to be only of the causes of action or defence
35. Verdict
36. Judgment upon Verdict
37. Minute of every decision to be entered by Judge in a Book
38. Injunctions
39. Costs
40. Judge to direct what number of Witnesses to be allowed
41. Costs of Witnesses to be at discretion of Judge
42. Costs to Complainant’s Solicitor
43. Costs to Defendant’s Solicitor
44. Court may order payment by instalments of sums of money for which judgment given
45. Mode of enforcing Decrees of Court
46. Defects and errors may be amended
47. Fees
48. Prepayment of fees
49. Appeal
50. Judge may make additional Rules

Schedule of Forms.